1940-08-21 — Page 5

HONGKONG DAILY PRESS

LENGTHY JUDGMENT BY MAGISTRATE

IN POLICE COURT CASE

L

Barber Who Could Appease Spirit Heavily Fined

CONVICTED OF TAKING MONEY from a woman by represent- ing himself to be in a position to appease a certain spirit on her behalf, Lau On, 32. a Barber, was fined $200, in default three months' hard labour, by Mr. E Himsworth at Kowloon Court yester- day. He was also ordered to pay restitution of $100 or serve another two months' hard labour.

CRIMINAL

SESSIONS

HEAVY SENTENCES

FOR BANISHEES

GENERAL

ROUND THE POLICE COURTS

AT CENTRAL

rear

CONVICTED AND EXPELLED Chan Chuen, 18, appeared before Mr. H. G. Sheldon yesterday on a Six barishees pleaded guilty to charge of larceny of a gold welat Deportation Ordinance when they Sau-kin, at Fleming Road the charge of breach of the watch, valued at $20, from Lau appeared before the Chief Justice.the Oriental Theatre and pleaded Sub-Insp. T. K. Whelan prose-I do not overlook the fact that Sir Atholl MacGregor," at the not guilty to the charge. cuted and Mr. C. D'Anada" ap-the defendant's story is watertight Criminal Sessions yesterday peared for defendant.

and is supported by witnesses, who Wong Yau. L Shu-chun and

After hearing the evidence of It was alleged that complainant, agreed with him in all details. Cheung Luk who were banished constable who arrested defendent complainant and the Chinese Leung Wah-tól, a baby amah, had But a consistent story even while for life on various dates in 1939 Chan was found guilty by the given a total of $900 to defendant it must be given its due weight and this year, were each sentenced Magistrate and was sentenced to after she had been told by him does not on that account alone to two years hard labour. A 13 months' imprisonment and also that her Lucky Star was at a low always overrule less consistent

similar sentence was imposed on altitude and he could influence its evidence, for otherwise any smart Bo Kam, who was deported from to be expelled from the Colony. return to the proper level, if she Alec, as I believe this defendant to the Colony in May 1938. Ho had would make a sacrifice of some be, could prey upon credulous 10 previous convictions against expensive object.

Defendant denied the allegation and said that he was in no way connected with a fortune-telling business, either directly or lu- directly.

JUDGMENT

women And then come to the Court with a manufactured story and seek the court's protection for his nefarious practices.

.

him,

A sentence of 15 months' hard Chung, who admitted his seven labour was imposed on Wong previous convictions.

LIFE DEPORTEE In the case against Li Yuet-thun sentence of 18 months' hard labour was imposed.

Det. Sgt. J. Bentley prosecuted

FALSE PRETENCES Charged with having obtained $10 from Chan Ghum, tea-house pretending that he was in a post- waiter, on August 18 by, falsely

tion to obtain employment as a postinun for complainant, Li Lay, 23, was sentenced to 14 days' im prisonment with hard labour and was also ordered" to be expelled from the Colony by Mr. O, T

wry yesterday, Det.-Sgt. T. Cashman appeared for the prosecution,

THEFT OF HAND PUMP One month's hard labour was

I was deported from the Colony for life in August 1939 and was found in Hongkong in July. He told the Court that his wife gave birth to a girl in the third moon this year (April) and he had come to see his child and to take her fimposed on Wong Sing, 26, unem The Chief Justice: Third moon when he was convicted on a charge ployed by Mr. Lowry yesterday this year--Yes, my Lord, third of the theft of a hand pump from Hon Mr. M. K. Lo, of Alexander

4100 belonging to

Butding.

dant's evidence that his story. was

But I thought after the defen-moon this year."

The Chief Justice: Well I won't a tissue of les True it was sup-say any more about it.

ported by witnesses who collabor. ated in full. It was the same

REFUGEE CONVICTED

Pleading guilty to the charge of

months"

hard

car No.

the

Det.-Sgt. T. Cashman prosecul-

ed.

AT KOWLOON

YAUMATI KIDNAPPING SEQUEL Seven men, who were arrested on Friday following Police investigation into the alleged attempted kid-i restaurant owner, in Kowloon, ap- napping of Mr. Fung Kim-kam peared on remand yesterday before Mr. Q. A, Macfadyen.

WEDNESDAY, AUGUST 21, 1940. —PAGE 5

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TRAFFIC SUMMONS

But having listened to the evi- dence of the witnesses for the prosecution and those for the de- A written judgment delivered by fence I am absolutely certain in Mr. Himsworth the Kowloon Ma-my own mind that the first wit.

gistrate, stated:

ness gave a true account of what This is a case where the Magistappened four months ago. Her trate deciding is called upon to evidence was given with conviction act in his capacity as fary rather and in spite of her poor presenta than judge, for the questions at tion of it, nevertheless rang true. issue are purely those of fact. We I was equally impressed by the have here two stories, one told by support of the second witness, the witnesses for the prosecution who was much clearer or details. away. of an amazing swindle and the other told by the defence of a sor

BASE METHODS did relationship which finished up with a false accusation.

The story told by the prosedu tlon bristles

with discrepences and inconsistencies while that of story, cast in the same mould and unlawful possession of a revolver the defence is cut and dried. straightforward and was not sha- minute details. My impression of wong Kuen, unemployed, was sen- agreeing therefore in the most and five rounds of ammunition," ken on cross-examination. And the defendant was that he was tenced to nine yet belleve that the story told

lying and by the prosecution witnesses. Is the federates; and in his lying he did Atholl MacGregor, yesterday.

were his con-labour by the Chief Justice, Sir. correct version of what happened.

not refrain from stooping to em- PARTED WITH 5900

Wong was arrested on July 11 ploy the basest methods of bes-with the weapon in his possession. The evidence of the first two mirching the moral character of He told the Court "that he witnesses for the prosecution is the first witness. I do not belleve never been. In Hongkong before had "the story of how they parted with that she is the moral reprobate and he did not know the laws of $900 and a gold col to the de- which defendant has painted her the Colony. He was a refugee fendant to appease the spirit of a I do not believe that she ever here. mui tsai kicked to death by the spent a night with the defendant ACCOUNTANT IMPRISONED

Theyrere Chang Sing alias first witness in a previous He. in a hostel (although no doubt

Chan So-fat, 33; Wong Ping-kwan These two women, and in part he did); I do not believe she ever nine charges of forgery preferred alla Ko Lo 24: Leung: Ki, 28; Pleading guilty to two out of allas Tong Chui, 22; Lun Ping-po cular the arst, are ignorant, cre- knew the defendant before this dulous and gullible women, whose incident or kept his company ex- against him L Hang-yip, alias Li and Chan Yau-chi, 35. chief grievance seems to be, not cept for the day she had him ar-

Tan-ping, "allas Ying-chung, The first five defendants were that they have been robbed by a rested. Having heard and seen accountant of the Id Man Fing also charged with armed robbery rogue, but that about two thirds both parties in the box. I am satis taller shop was sentenced to a at No. 344, Matauwe Road on of the money which should have fled the story for the prosecution total term of 12 months' imprison- March 5 been returned was never forth-is the correct version of what hap-ment by the Chief Justice,, Sir

Wong Ping-kwan, Leung Shu- coming.

pened and I think that any jury Atholl MacGregor, at the Criminal cheung and L

Blu-kai were

At Central Telling a story which is four which had the same opportunity Sessions yesterday,

charged with assaulting. Mr. Fung! months old, working in collabora of hearing this case, would come

with intent to rob. Leung Shu-sheldon at the Central Magistracy before Mr. R._Q_ Li pleaded guilty to the chargescheung was further charged. with yesterday for not having a licence tion on this enterprise because to the same conclusion

"of forgery and receiving money by they were convinced that in their,"

virtue of a forged document. The possession of an automatic pistol disc on the windscreen of his car previous existence they were sie- A highly interesting short fea Crown did not press the remaining and ammunition, and Chan Yau- at Queen's Road Central, Mr.-C. E. ters, it is not surprising that the ture on baseball, entitled "Pennant seven charges of forgery, uttering Cht with conspiring to commit a Hyde, of the Kowloon branch of standard of intelligence displayed Chasers" is due for screening at a forged document, receiving a

robbery.

the Hongkong and Shanghai in giving that evidence should re- the Queen's Theatre this week-end forged document, receiving a postal

Defendants were remanded an-Banking Corporation. pleaded sult in the, many inconsistencies together with the flm "Primrose packet knowing the same to have other three days.

guilty through a representative which the evidence shows. In-Path."

and was fined $10. deed I should have questioned the evidence had it been, otherwise. "LOW MENTAL CAPACITY The first witness's mental capa- city is well below the average, and "throughout she obviously did not have, and still does not have, a very clear idea of how much of the money which she paid the defendant on her own account and how much she paid for the second witness. Second witness is more. precise in the amounts for which she knew she was responsible, and it was because we have only been -dealing" with the complaint of the first witness and that because I could only feel sure that $280 of the mones paid by the first wit- ness were paid on her sole account, that I amended the charge accord ingly.

been obtained by false pretences.

Europeans Fined.

Summoned

UNAUTHORISED COLLECTION Two men who posed as repre- A salesman of Gilman's Garage, sentatives of the China Youth who represented Hyde, sald that Soclety gave themselves away on the latter had a driver's licence.

BROTHERS GAOLED FOR Gunday when they visited the house Hyde traded in his car with the

KIDNAPPING GIRL

No Ill-Treatment: Judge Takes Lenient View

Arraigned before, Mr. Justice E. E. Williams at the Criminal Sessions yesterday charged with kidnapping a girl under 14 years of "age," "CHEUNG FUK, 22, actor and. ex-policeman in Canton, and CHEUNG FUL, his brother, were found guilty and were each sen- tenced to three months' hard labour.

Mr. J. P. Murphy, Assistant deen where they lived in a house Crown Solicitor, prosecuted; assist for two months. ed by Insp. W. N. Darkin. The After two months' stay, the ac

of Det. Sgt. Bethell, of the Water Gilman's Garage on July 31 arid, Police, seeking subscriptions. on the same day, bought another. Before Mr E. Himsworth yester-The licence disc was sent to Hyde day, the two, So Chun-man, 38,jon Saturday morning but it ár- and Lau Fuk-ming, 17, were rived too late to be put on the charged with attempting to obtain screen, money by false pretences,

Admitting that he had driven Sgt. Bethell told the Court that car - No. 5990 without valid about 2.15 p.m., on Sunday the de-licence along King's Road, A. when he asked them if they had $10. fendants visited his house and Jack," of the R.A.O.C., as finad

permit to collect money for the

COLONY HEALTH

BULLETIN

China Youth Society, they said Road; summoned for driving car Condilit they had not,

No. 2743 without a valid licence In The defendants were taken to Repulse Bay Road, was also fined the Bociety's offices where it was $10. discovered they had not been authorised to make any collections. D. Hardivilliers did not appear in Summoned on the same charge I am asked by the defence to jury comprised Messrs. J. E. Kot-cused took the girl to the Wing The first defendant had formerly Cors and the case was adjourn believe that this story of the pro- Poyan, R. E. Hydeman, J. B.nese Cemetery, where they stayed was discovered

wall (foreman), W. G. Long, Chil Bit Ting, a pavilion near the Chi- been employed by the Society, ited to September 10 secution is a trumped up charse brought by the first witness to al-Xavier, William Wong and Lam for some time in the open and Jay the range of a broken neart,"

Second defendant was, aned $205. Zuk-lin

begged. But to believe that this could be lived with her parents in the rear arrested by a detective in Hen- for fingerprints.

The girl, Chan King-ho, aged 11,

OF SIX WEEKS while the first de On July 6, first accused was fendant was remanded 24 hours so is to admit that the arst wit cubicle of. No. 22, Wanchat Road. nessy Rod and second accused ness, is capable of connecting & Both

•story which is fantastic in its con-cockloft of the same address.

defendants occupied the was taken into custody near the..

JUNK FOHIS FINED Wing Bit Ting.

The following is the Return of ception, ingenious in ita detall,

The girl was

Three junk fokis, Au Wah, 25. notifiable diseases notified as hav- and should be perfect in its pre-Po-yuk, the mother, went with

About 8.30 pm. on April 17, LI found when the police arrived.

Tang Bang, 22, and Tang Yan, 45ing occurred in the Colony during sentation The mind that can the girl

RAISE MONEY

appeared before. Commdr. T. C. the week-ended at midnight, on to conceive of such a cleverly.com to meet her father. They waited Bennessy Road

Stiff yesterday to a charge of August 17 Admitting that he had taken trived story would cloth it in there for thirty minutes but her the girl without the consent of her

having anchored at a distance Less much more consistent language in father failed to turn up. I then mother, first accused said that he low water mark, near the Cheung deaths); Enteric Fever: 18 cases

than 100 yards

Diphtheria, və cases from the witness box. Moreover I am sent her daughter back to see had intended to take the girl away Chau

Measles, Wharf. All defendants (four deaths);

cases (two deaths); Dysentery, 30 cases (nine deaths); Tuberculosis, 237 cases (four imported) (130 Major J. Mackintosh-Walker deaths)." of the Seaforth Highlanders, who

what and who was recently report-

(three

four

at a loss to understand why the whether her father had arrivedi for two or three days during which | dieaded, guilty” and were aned $7/cases; Cerebro-Spinal. Fever; four

second witness should come and home. corroborate the first

witness's

story it merely to support a cock

THREAT ALLEGED

he would raise money, to redeemi some articles, belonging, to her mother. He had acted on a

and bull story. There is no-blood; | "The Crown alleged that when scheme planned by the girl and contractual or even amicable re the girl was on her way home the himself..

each.

DAILY RETURNS

one

lationship between them to sug-two accused, met her in Cross Second · ficcused denied the was formerly stationed in Shang- -gest that they should conspire in Street and threatened her not to charge

the manner alleged by the defence, return home. Becond accused then. Mr. Justice Williams said he ed as missing after the British ended at midnight on August 19 The Return for the 24 hours WATERTIGHT

took her to a teahouse in West would take a lenient view of the retreat from the Somme, is now is as followsDiphtheria, STORY

Point,, while, the first accused, who case because there was no ill reported to be safe. He escaped case; Enteric Fever, three cases; But this reductio ad absurdum had left the party, joined them treatment of the girl and it was from France through Portugal Cerebro-Spinal Fever, one case; method is not the best way to ad- later in the cafe.

not one of those cases, where a Detalls of what must have been Dysentery nine duce the real value of evidence. The men took the girl to Aber-girl was taken away for profit. an epic escape are not available.culosis, 331 cases,

cases: Tuber-

Firnishing

Department

Tel. 28151.

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